Business Litigation by Richard Conard


Business Litigation by RICHARD CONARD
Article Posted: 07/22/2015
Article Views: 306
Articles Written: 1876 - MORE ARTICLES FROM THIS AUTHOR
Word Count: 546
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Business Litigation

Law

This is a specialized area of law. The defense attorney will defend a company accused of some form of wrongdoing. The general term litigation is a claim of damages, which will be decided by a legal proceeding. The company that is accused is called the litigant and the accuser who is filing the complaint is called a complainant. During business litigation, a defense attorney will represent the company in various types of lawsuits such as malpractice suits, contract law, or class action, which are considered different areas of business litigation. The ones that can have a court case filed or a lawsuit against the company are employees, consumers, or other businesses.

When you are a business litigation attorney, you must be skilled at doing mediation, which is a dispute resolution alternative to going to trail. When in mediation, the lawyers representing the complainant and the litigant will work with a party that is neutral to settle or resolve the dispute without going to court. Mediation is not business arbitration. With business arbitration, the arbitrator, after hearing both sides of the dispute, will make the legal judgment. The settlements that are made using mediation are dispute resolutions in cases where the former employee of a company claims they were wrongfully let go from their job.

When a company has a class action suit filed against them it means that there is more than one complainant filing a lawsuit against the company. A class action case can be any type of dispute. Some litigation attorneys specialize in only handling class action lawsuits. They will represent the company and its rights against the group of complainants during a court trial.

Another form of business litigation is contract disputes. Although these contracts are a legally binding agreement sometimes the text of the contract is open for interpretation. When the complainant files the lawsuit against the business for breach of contract that business is being accused of not following what was agreed to in the contract. In this type of dispute the litigation attorney will defend and represent the company’s actions.

When there are malpractice lawsuits it will normally apply to individuals and companies in the field of medicine. In these cases the defense attorney will represent the accused in legal situations like claims of negligence or surgical errors. With professional negligence business litigation it applies to different business that range from therapy to real estate and more.

When dealing with consumer litigation this involves any claims that a company acted illegally, which include claims of equipment that was defective or areas of warranties. Businesses or an individual could also file a claim against the company in trademark violations of intellectual property rights, like saying an automobile company store their invention for a certain type of motor.

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